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suPlayPoll

Terms of Service

Last updated: 4 May 2026 (v2 — adds paid-subscription provisions)

1. Parties and definitions

These terms form a binding contract between suPlay B.V. (KvK 70176264, BTW NL858175691B01, Ruwerstraat 9, 7545 SM Enschede, The Netherlands; "suPlay", "we", "us") and the natural or legal person who registers an account on poll.suplay.nl(the "Service") and accepts these terms (the "Customer", "you"). "Participant" means any individual who joins a Customer's event without holding their own account. These terms govern your use of the Service in any role.

2. Service description

The Service is a live-polling and audience-engagement web application with a PowerPoint content add-in. Customers create events, build polls, and present them; Participants submit responses from their own device. Detailed feature scope is described at poll.suplay.nl/pricingand may evolve over time without prior notice, provided no material feature is removed without 30 days' written notice to active paid Customers.

3. Account, access, and acceptable use

You must be at least 16 years old (or the digital-consent age in your jurisdiction, if higher) to register. You are responsible for the confidentiality of your credentials and for all activity under your account. You must not:

  • Use the Service for any unlawful, harmful, or abusive purpose;
  • Submit, transmit, or store content that is illegal, defamatory, discriminatory, infringing, or that violates a third party's rights;
  • Attempt to circumvent access controls, rate limits, or tier restrictions;
  • Reverse-engineer, decompile, or scrape the Service, except where such restriction is prohibited by mandatory law;
  • Use automated tools, bots, or scripts to vote, sign up, or otherwise generate traffic;
  • Resell, sublicense, or expose the Service as a paid product to third parties without our prior written consent;
  • Collect personal data of Participants beyond what is strictly necessary for your event and lawful under the GDPR (see also our Data Processing Agreement).

4. Customer content and licence

You retain ownership of all content you upload, create, or store within the Service (poll questions, images, branding, Participant responses you collect). You grant suPlay a worldwide, non-exclusive, royalty-free licence to host, transmit, cache, and display that content solely as required to operate the Service for you. We will not use your content for training machine-learning models, advertising, or any purpose unrelated to delivering the Service.

5. Plans, fees, and payment

The Service is offered in tiers (Free, Academic, Professional, Enterprise) at the prices shown at /pricing. Paid plans are sold as monthly or yearly subscriptions and are billed in advance via PayPal at the start of each billing period. All prices are stated in EUR and include applicable VAT for Dutch consumers; for B2B Customers within the EU who provide a valid VAT number, the reverse-charge mechanism applies and VAT is shown at 0 %. For Customers outside the EU, no VAT is charged.

We may adjust prices for future billing periods on at least 30 days' written notice to your account email. Continued use after the effective date constitutes acceptance; you may cancel before the next renewal if you do not wish to accept the new price. Promotional or discounted pricing applies only for the period stated and reverts to standard pricing at renewal.

6. Auto-renewal and cancellation

Paid subscriptions renew automatically at the end of each billing period at the then-current price for the same plan and cycle, unless canceled. You may cancel at any time from Settings → Billing; cancellation takes effect at the end of the current paid period. You retain access to paid features until that date.

We do not provide pro-rata refunds for the unused portion of a period after voluntary cancellation, nor for reductions in usage (e.g. fewer events run than expected). See clause 7 for the cooling-off provision applicable to consumer Customers.

7. Cooling-off period and waiver (consumers)

Where you are a consumer (a natural person not acting in the course of a trade or profession) under EU law, you ordinarily have a 14-day right of withdrawal from the date the contract is concluded. Because the Service is digital content delivered immediately on signup or upgrade, by activating a paid plan you expressly request immediate execution and acknowledge that you thereby lose the right of withdrawal once execution begins, in accordance with Article 16(m) of Directive 2011/83/EU (the EU Consumer Rights Directive) and Article 7:408a of the Dutch Civil Code (BW).

If you do not agree, do not activate the paid plan and contact us at info@suplay.nl within 14 days of activation; we will refund any prepaid fees less the value of any Service already used (assessed at the standard daily rate of the plan).

Full details and a sample withdrawal form are available at /refunds.

8. Service availability and SLA

The Service is provided on an as-is, as-available basis. For paid plans, we target the availability and response-time commitments set out at /sla (currently 99.5 % monthly availability, single EU region). Scheduled maintenance, force majeure, and outages caused by upstream providers (PayPal, TransIP, Resend, Sentry, Scaleway, the public internet) are excluded from the availability calculation. The SLA represents your sole and exclusive remedy for service unavailability.

9. Suspension and termination

We may suspend or terminate your account, in whole or in part, with or without notice, if (a) you breach these terms, (b) your use poses a security or legal risk to us or to other users, (c) payment is overdue by more than seven (7) days, or (d) we are required to do so by law. We will use reasonable efforts to give prior notice where the situation permits. No refund is owed for periods during which the account is suspended or terminated for cause.

You may terminate the contract at any time by canceling all paid subscriptions and deleting your account from Settings → Account. Account deletion triggers an erasure workflow described in our Privacy Policy.

10. Warranties and disclaimers

Except as expressly stated in these terms or in the SLA, we make no warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, or that the Service will be uninterrupted, error-free, or free from harmful components. Mandatory consumer-protection rights under EU and Dutch law remain unaffected.

11. Limitation of liability

To the fullest extent permitted by applicable law, our aggregate liability under or in connection with these terms — whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise — shall be limited to the fees paid by the Customer to suPlay in the twelve (12) months preceding the event giving rise to the liability. We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, nor for loss of profits, revenue, goodwill, data, or business opportunity, even if advised of the possibility of such damages.

Nothing in these terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot be excluded under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless suPlay, its directors, employees, and contractors against any claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of (a) any content you upload or transmit through the Service, (b) your breach of these terms, (c) your violation of any law or third-party right, including your obligations under the GDPR as data controller of Participants' personal data, or (d) your use of the Service to host events on behalf of third parties.

13. Data protection

Personal data is processed in accordance with our Privacy Policy. Where you process Participant personal data through the Service in your capacity as a separate controller (or, in B2B contexts, a processor on behalf of your own organisation's controller), our Data Processing Agreement applies and is incorporated by reference. Sub-processors are listed at /subprocessors.

14. Intellectual property

The Service, including its software, design, branding, and documentation, is the exclusive property of suPlay B.V. and is protected by Dutch and international copyright, trademark, and other intellectual-property laws. No rights are granted to you other than the limited, revocable right to use the Service in accordance with these terms.

15. Force majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, governmental action, labour dispute, pandemic, internet or telecommunication failure, or failure of a utility, hosting, or upstream service provider.

16. Modifications to these terms

We may amend these terms from time to time. Material changes will be announced at least 30 days in advance by email to your account address and on the Service. If you continue to use paid features after the effective date, you accept the revised terms; if you do not accept, you may cancel before the effective date as a no-fault termination.

17. Assignment

You may not assign or transfer these terms or any rights hereunder without our prior written consent. We may assign these terms, in whole or in part, in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets, or to a subsidiary or affiliate.

18. Severability and entire agreement

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be replaced by an enforceable one that most closely reflects the parties' original intent. These terms, together with the Privacy Policy, DPA, SLA, and pricing page, constitute the entire agreement and supersede all prior or contemporaneous understandings.

19. Governing law and jurisdiction

These terms are governed by the laws of The Netherlands, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Any dispute that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the competent courts in Overijssel, The Netherlands, save that we may also bring proceedings in the jurisdiction of your domicile where required by mandatory consumer-protection law.

20. Contact

suPlay B.V. — Ruwerstraat 9, 7545 SM Enschede, The Netherlands.
Email: info@suplay.nl · Privacy: privacy@suplay.nl.